Ali Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13671 of 2021 Arising Out of PS. Case No.-477 Year-2020 Thana- PAROO District- Muzaffarpur ====================================================== Ali Hussain aged about 25 years, Sex- Male, Son of Md. Suleman Ansari @ Suleman Ansari Resident of Village - Manpura, Daudnagar, P.S. - Vaishali, District - Vaishali at Hajipur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anish Chandra, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-08-2021 In view of the sudden resurgence of Covid-19 infection, there is limited functioning of the High Court and, therefore, the matter has been listed today for consideration through virtual mode.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office. Heard learned counsel for the petitioner and learned counsel for the State The petitioner seeks bail in Paroo PS Case No. 477 of 2020, instituted for the offence under Sections 413 and 414 of the Indian Penal Code read with Sections 25(1-b)a, 26 and 35 of the Arms Act.

Patna High Court CR. MISC. No.13671 of 2021(2) dt.10-08-2021 2/3 One country made pistol has been recovered from the petitioner while he along with co-accused Nizamuddin were stopped in course of a routine vehicle checking. The learned counsel for the petitioner submits that he has no concern with the motorcycle. The same would be evident from the fact that the other stolen motorcycle also has been recovered from the house of co-accused Nizamuddin. The petitioner has two criminal antecedents, as per statements made in paragraph No.3 of the bail petition and, in both the cases, he is on bail. In the instant case, he is in custody since 21.08.2020. The learned APP representing the State has opposed the prayer for bail.

Considering the rival submissions, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III-cum- Sub Judge (West) Muzaffarpur, in connection with Paroo PS Case No. 477 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to

Patna High Court CR. MISC. No.13671 of 2021(2) dt.10-08-2021 3/3 inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T